Parmila Rajpurohit vs State Of Rajasthan on 22 August, 2025
18. Learned counsel for the respondents submitted that the
creation of the category of 'sleeper bus' at Serial No. 7(a) (iii) is
absolutely correct and has nexus to the object sought to be
achieved. Learned counsel submitted that creation of such a new
category is well within the domain of the respondents as Section
2(7) and (29) clearly envisages the kind of motor vehicle and in
pursuance of the same, the Central Government has issued the
notification dated 05.11.2004, whereby, specifications of the types
of motor vehicles have been mentioned. Since the types of vehicle
mentioned in the Central Government notification has not been
further categorized, therefore, keeping in mind the specification of
types of motor vehicles, the State Government is well within its
rights to categorize the same as per their body types and imposed
the tax on such vehicles permissible within the parameters of
Section 4 of the Rajasthan Motor Vehicles Taxation Act, 1951.
Learned counsel submitted that in the present case, the imposition
of tax has been levied keeping in mind the boundaries and
parameters enshrined under Section 4 of the Rajasthan Motor
Vehicles Taxation Act, 1951, therefore, no illegality has been
committed. Learned counsel further submitted that even as per
Rajasthan Motor Vehicles Rules, 1990, the categorization of the
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vehicles is permissible and the present notification has been
issued keeping in mind the provisions of the Rajasthan Motor
Vehicles Rules, 1990. Learned counsel submitted that the validity
of classification of sleeper coach under Rule 7.14A under Chapter
VII of the Rajasthan Motor Vehicles Rules, 1990 was assailed
before this Court and vide judgment dated 04.04.2018 delivered
in CWP No.15421/2010 (M/s. Chandra Shubh Yatra Co. Pvt.
Ltd. vs. State of Rajasthan), the validity of Rule 7.14A was
upheld. He therefore, submitted that the amended notification
dated 24.02.2021 is in conformity of law and the same does not
call for any interference by this Court. He therefore, prays that the
writ petition may be dismissed.